Court Claim from UKPC and DCB Legal LTD

[LND_driver]

Thank you to everyone who puts work into this forum, it is greatly appreciated. Using information I have found here and the MSE NEWBIEs thread I have got started with defending my court claim from UKPC.
The particulars relate to a PCN dated 02/04/2017. I have moved 5 times since then and always updated my V5C and driving license in a timely manner. I have had some letters forwarded from old addresses by former flatmates, but I didn't take them seriously because they were brightly coloured and included wording like "as seen on TV' and I had no recollection of the original PCN so I assumed they were junk/scams and have not kept these letters.

I received a Letter Before Claim recently at my current address, but can't find it at the moment, and in my ignorance didn't deal with it, again I assumed it to be fake. I realise my mistake here!

The issue date of the court claim is 29/12/22

I have made an AOS stating I intend to defend all of this claim

I have posted and emailed a SAR to UKPC and a request for documents under CPR 31.14 to DCBL using templates found through these threads

I have a redacted copy of the claim form ready to post if it helps, but no other documents, until I find the Letter Before Claim.

I would be very glad of any guidance through the steps that will come next.

With kind regards, LDN_driver

[ostell]

Post up the original PCN as soon as you can

[Jamiecarlisl]

This is exactly the same situation I now find myself in, a parking charge from the same claimant's and willing to fight it, have you found many successful case's of winning against them? All info will be gratefully received

[LND_driver]

This is exactly the same situation I now find myself in, a parking charge from the same claimant's and willing to fight it, have you found many successful case's of winning against them? All info will be gratefully received

I saw your thread about your court claim letter also dated 29/12/22. From what I understand your deadline for filing your Acknowledgement Of Service is imminent and failing to do this could result in a default CCJ. The letter says 14 days from the date of service.

Multiple threads I saw were directing people to have a look at this. The second post relates to court claims:
https://forums.moneysavingexpert.com...first-thankyou

Reading this short thread helped me get my head around what to do, then I went back to the link above which was a bit overwhelmingly dense with info and abbreviations:
https://legalbeagles.info/forums/for...claim-received

You appear to have made your name, age and phone number public, that doesn't seem like a good idea!

[LND_driver]

Post up the original PCN as soon as you can

Thank you for reading my thread and replying. I will do as soon as I get documents in reply to my SAR or 31.14

[LND_driver]

UKPC have responded to my SAR and produced a falsified copy of the original PCN! They have changed the postcode of the location. I do not have the original PCN, but the postcode on the PCN was mentioned in the original appeal! HELP!!!

Drafting defence based on template from MSE Newbies - feedback appreciated

for paragraphs 1, 2, 3

1. The parking charges referred to in this claim did not arise from any agreement of terms. The charge and the claim was an unexpected shock. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all. It is denied that any conduct by the driver was a breach of any prominent term and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue or form contracts in their own name. Liability is denied, whether or not the Claimant is claiming 'keeper liability', which is unclear from the Particulars. Should the Claimant attempt to claim six years interest, the court is urged to disallow that possibility entirely, since the delay in proceeding to court in this instance is the Claimant's alone. Old, unclaimed 'parking charges' are now being relentlessly and suddenly resurrected by this Claimant using DCB Legal to file scattergun copy & paste 'robo-claims'. The delay is entirely caused by almost six years of inaction of this Claimant, and was callously timed for 29th December 2022 to coincide with holidays and disruption to the postal service, on top of the almost six year delay, to further prejudice the Defendant's ability to produce a defense.


2. The Defendant denies that the vehicle was stopped on the relevant land claimed on the original PCN. The location stated on the original PCN was W2 1SJ which relates to St. Mary's Terrace, as evidenced in the Defendant's appeal made at the time in April 2017. The location stated on the copy of the PCN provided by the Claimant on 16th January 2023 in response to the Defendant's SAR is different. It has now been changed to W2 1AJ which relates to Harbet Road. The Claimant has provided a falsified document on which they are attempting to base this fraudulent and vexatious claim.


3. The claim relates to a PCN issued 5 years and 9 months ago. Given the considerable length of time that has elapsed, the Defendant is prejudiced and is unable to prepare a full and complete Defence. The Defendant reserves the right to seek from the Court permission to serve an Amended Defence should the Claimant add to or expand his Particulars at a later stage of these proceedings and/or to limit the Claimant only to the unevidenced allegations in the Particulars.

[LND_driver]

[LND_driver]

[LND_driver]

Post up the original PCN as soon as you can

I don't have the original PCN, I have moved 5 times since then. UKPC have sent me a copy of the 'original' PCN in response to my SAR, and a copy of the the appeal I made at the time. In the appeal (made in April 2017) I state that the postcode on the PCN does not relate to where I was parked. Guess what?!... this postcode stated in my appeal no longer matches the postcode on the copy of the PCN they have produced. It has been changed!

[LND_driver]

Do I need to attach evidence / supporting documents to my defence? Or just the template with the relevant paragraphs edited as relevant to my case? Thanks

[LND_driver]

I've re-worded and re-structured my defence:

1. The Defendant received the claim XXXXXXXX from the Northampton County Court on 04/01/23

2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3. This claim is for payment for an alleged parking charge dating back almost 6 years to April 2017

4. The parking charges referred to in this claim did not arise from any agreement of terms. The charge and the claim was an unexpected shock. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all. It is denied that any conduct by the driver was a breach of any prominent term and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue or form contracts in their own name. Liability is denied, whether or not the Claimant is claiming 'keeper liability', which is unclear from the Particulars.

5. Should the Claimant attempt to claim six years interest, the court is urged to disallow that possibility entirely, since the delay in proceeding to court in this instance is the Claimant's alone. Old, unclaimed 'parking charges' are now being relentlessly and suddenly resurrected by this Claimant using DCB Legal to file scattergun copy & paste 'robo-claims'. The delay is entirely caused by almost six years of inaction of this Claimant, and was callously timed for 29th December 2022 to coincide with holidays and disruption to the postal service, on top of the almost six-year delay, to further prejudice the Defendant's ability to produce a defense.

The facts as known to the Defendant:

6. It is admitted that the Defendant was the registered keeper and driver of the vehicle in question.

7. Given that almost 6 years has elapsed since the alleged parking charge, the Defendant is prejudiced and is unable to prepare a full and complete Defence. The Defendant reserves the right to seek from the Court permission to serve an Amended Defence should the Claimant add to or expand his Particulars at a later stage of these proceedings and/or to limit the Claimant only to the unevidenced allegations in the Particulars.

8. An appeal was made at the time in April 2017 in which the Defendant denies that the vehicle was stopped on the relevant land claimed on the parking charge notice. As evidenced by the appeal, the location stated on the original parking charge notice was W2 1SJ which relates to St. Mary's Terrace. The appeal was rejected with a template response that did not address this ground of appeal about the vehicle not being stopped on the relevant land.

9. The Claimant provided a copy of the ‘original’ parking charge notice on 16th January 2023 in response to a Subject Access Request made by the Defendant. However this parking charge notice shows a different postcode. The postcode on this ‘new’ ‘original’ parking charge notice appears to have been changed to W2 1AJ which relates to Harbet Road. It appears the Claimant has provided an altered document on which they are attempting to base this fraudulent and vexatious claim.

[Sarapet]

Hello, thanks for posting this.
Have you got any reply yet? or any help on this forum?

I see you have used the template why haven't you use all the points? I'm in a pretty similar situation and I'm preparing the defence but not too sure how many of the points to use now!

[charitynjw]

I've re-worded and re-structured my defence:

1. The Defendant received the claim XXXXXXXX from the Northampton County Court on 04/01/23

2. Each and every allegation in the Claimants statement of case is disputed* unless specifically admitted in this Defence.

3. This claim is for payment for an alleged parking charge dating back almost 6 years to April 2017

4. The parking charges referred to in this claim did not arise from any agreement of terms. The charge and the claim was an unexpected shock. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all. It is denied that any conduct by the driver was a breach of any prominent term and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue or form contracts in their own name. Liability is denied, whether or not the Claimant is claiming 'keeper liability', which is unclear from the Particulars.

5. Should the Claimant attempt to claim six years interest, the court is urged to disallow that possibility entirely, since the delay in proceeding to court in this instance is the Claimant's alone. Old, unclaimed 'parking charges' are now being relentlessly and suddenly resurrected by this Claimant using DCB Legal to file scattergun copy & paste 'robo-claims'. The delay is entirely caused by almost six years of inaction of this Claimant, and was callously timed for 29th December 2022 to coincide with holidays and disruption to the postal service, on top of the almost six-year delay, to further prejudice the Defendant's ability to produce a defense.

The facts as known to the Defendant:

6. It is admitted that the Defendant was the registered keeper and driver of the vehicle in question.

7.** Given that almost 6 years has elapsed since the alleged parking charge, the Defendant is prejudiced and is unable to prepare a full and complete Defence. The Defendant reserves the right to seek from the Court permission to serve an Amended Defence should the Claimant add to or expand his Particulars at a later stage of these proceedings and/or to limit the Claimant only to the unevidenced allegations in the Particulars.

8. An appeal was made at the time in April 2017 in which the Defendant denies that the vehicle was stopped on the relevant land claimed on the parking charge notice. As evidenced by the appeal, the location stated on the original parking charge notice was W2 1SJ which relates to St. Mary's Terrace. The appeal was rejected with a template response that did not address this ground of appeal about the vehicle not being stopped on the relevant land.

9. The Claimant provided a copy of the ‘original’ parking charge notice on 16th January 2023 in response to a Subject Access Request made by the Defendant. However this parking charge notice shows a different postcode. The postcode on this ‘new’ ‘original’ parking charge notice appears to have been changed to W2 1AJ which relates to Harbet Road. It appears the Claimant has provided an altered document on which they are attempting to base this fraudulent and vexatious claim.

Post up a copy of the 'doctored' Notice to Keeper. (NtK), front & rear redacted but showing all times & dates.
Post up a reacted copy of the Notice to Driver (NtD =windscreen pcn) which shows all times & dates.
At first blush it's possible that both are not compliant with Schedule 4, Protection of Freedoms Act 2012.

*'Denied' puts the burden of proof on you. 'Disputed' leaves the burden on the Claimant to prove the assertions. Don't use 'cannot confirm or deny'. (The Glomar denial).

**Delay defeats equity:

Laches is an unreasonable delay in enforcing a right.

If there is an unreasonable delay in bringing proceedings the case may be disallowed in equity.

Acquiescence is where one party breaches another’s rights and that party doesn’t take an action against them they may not be allowed to pursue this claim at a later stage.

These may be used as defences in relation to equity cases. For a defence of laches courts must decide whether the plaintiff has delayed unreasonably in bringing forth their claim and the defence of acquiescence can be used if the actions of the defendant suggest that they are not going ahead with the claim so it is reasonable for the other party to assume that there is no claim. (Nelson v Rye 1996)